Sajhla Hembram And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21062 of 2013 ======================================================

1. Sajhla Hembram

2. Sahela Hembram Both Sons of Late Munshi Hembram, Resident of Village - Jokar, P.S. Azamnagar, District - Katihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. D.M., Katihar

3. The Sub Divisional Officer, Barsoi, Katihar

4. The Anchaladhikari, Azamnagar, District - Katihar

5. The Circle Inspector, Azamnagar, Katihar

6. Halka Karmchari, Azamnagar, Katihar

7. Yashin Ansari, Son Of Late Dhorai Ansari, Resident Of Khangama, P.S. Azamnagar, District - Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Yadav For the Respondent nos.1to6 : Mr. Swapnil Kumar Singh, AC to GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-12-2015 The petitioners are aggrieved by the order dated 05.02.2013 passed in Appeal Case No.9 of 2008-09 by the respondent S.D.O., Barsoi, as contained in Annexure-3, whereby the aforesaid appeal filed on behalf of the respondent no.7 under the provisions of Section 48-D of the Bihar Tenancy Act, 1885 was allowed and the order passed by the respondent Circle Officer, Azamnagar has been set aside.

In the considered opinion of this Court, against the order impugned, the petitioners have an alternative and equally efficacious remedy before the learned Bihar Land Tribunal, Patna in view of the provisions contained in Section 9 of The Bihar Land Tribunal Act, 2009.

In above view of the matter, the present writ petition

Patna High Court CWJC No.21062 of 2013 (2) dt.16-12-2015 is dismissed, but liberty is granted to the petitioners to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands claimed by them as also with respect to the order impugned in the present proceeding. (Birendra Prasad Verma, J) Arvind/- U